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DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT

Amendments passed in 2011 are printed in boldface italics type.

§1354.

Covenants and Restrictions in Declaration as Equitable Servitudes; Enforcement; Attorneys' Fees

(a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both.

(b) A governing document other than the declaration may be enforced by the association against an owner of a separate interest or by an owner of a separate interest against the association.

(c) In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.

I. DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT
TITLE 6. COMMON INTEREST DEVELOPMENTS
CHAPTER 1. GENERAL PROVISIONS
Article 1. Preliminary Provisions
§1350.	Citation
§1350.5.	Headings
§1350.7.	Methods of Delivering Notice; Applicable Sections of Law
Article 2. Definitions
§1351.	Definitions
CHAPTER 2. GOVERNING DOCUMENTS
Article 1. Creation
§1352.	Application of Title; Creation of Common Interest Development
§1352.5.	Discriminatory Restrictive Covenants; Removal from Governing Documents
§1353.	Declaration; Contents
§1353.5.	Display of Flag of the United States
§1353.6.	Sign Restrictions
§1353.7.	Roof Coverings; Fires and Fire Protection
§1353.8.	Low Water-Using Plants; Water-Efficient Landscape Ordinances, Emergency Water Use Regulations
Article 2. Enforcement
§1354	Covenants and Restrictions in Declaration as Equitable Servitudes; Enforcement; Attorneys' Fees
Article 3. Amendment
§1355.	Amendment of Declaration
§1355.5.	Amendment of Governing Documents for Certain Declarant Provisions
§1356.	Amendment of Declaration; Power of Court to Approve Amendment; Recording Amendment; Mailing
§1357.	Extension of Term of Declaration
Article 4. Operating Rules
§1357.100.	Operating Rules; Definitions
§1357.110.	Requirements to be Valid and Enforceable
§1357.120.	Rule Changes for Certain Operating Rules; Applicability and Exceptions
§1357.130.	Rule Changes; Procedures for Notice, Adoption; Emergency Rule Changes
§1357.140.	Rule Changes; Reversal
§1357.150.	Commencement of Rule Changes
CHAPTER 3. OWNERSHIP RIGHTS AND INTERESTS
§1358.	Interests Included in Conveyance, Judicial Sale or Transfer of Separate Interests; Transfers of Exclusive Use Areas; Restrictions Upon Severability of Component Interests
§1359.	Restrictions on Partition
§1360.	Modification of Unit By Owner; Facilitation of Access for Handicapped; Approval by Project Association
§1360.5.	Restrictions on Pets
§1361.	Rights and Easements of Ingress, Egress, and Support
§1361.5.	Access to Owners' Separate Interests
§1362.	Ownership of Common Areas
CHAPTER 4. GOVERNANCE
Article 1. Association
§1363.	Management; Powers of Association; Membership Rights
§1363.001.	On-Line Education for Directors
§1363.005.	Disclosure Documents Index
Article 2. Common Interest Development Open Meeting Act
§1363.03.	Election Rules; Secret Ballots; Inspectors of Election; Balloting
§1363.04.	Association Funds and Campaigns
§1363.05.	Common Interest Development Open Meeting Act
§1363.07.	Grants of Exclusive Use of Common Area
§1363.09.	Remedies for Violation of Election Procedures, Campaign Fund Restrictions, CID Open Meeting Act, Invalid Grants of ExclusiveUse of CommonArea
Article 3. Managing Agents
§1363.1.	Prospective Managing Agent; Written Disclosures
§1363.2	Managing Agent; Deposit of Funds Received; Requirements; Separate Record; Commingling of Funds
Article 4. Public Information
§1363.5.	Articles of Incorporation; Identifying Corporation as Association; Business Office Address; Managing Agent's Name and Address
§1363.6.	Identification and Registration of Community Associations
Article 5. Dispute Resolution Procedure
§1363.810.	Dispute Resolution; Application
§1363.820.	Fair, Reasonable, and Expeditious Procedures
§1363.830.	Minimum Requirements; Dispute Resolution Procedures
§1363.840.	Statutory Default Procedure
§1363.850.	Annual Notice, Description of Association Meet and Confer Program
CHAPTER 5. OPERATIONS
Article 1. Common Areas
§1364.	Responsibility for Repair, Replacement, or Maintenance; Damage byWood-Destroying Pests or Organisms; Cost Allocation; Notice of Repair Requirements; Access for TelephoneWiring
Article 2. Fiscal Matters
§1365.	Documents Prepared and Distributed by the Association
§1365.1.	Statutory Notice; Assessment Collection and Foreclosure; Secondary Addresses for Purposes of Notices Required in This Article
§1365.2.	Access to Association Records
§1365.2.5	Form; Assessment and Reserve Funding Disclosure Summary
§1365.3.	Community Service Organizations; Financial Disclosures
§1365.5.	Board of Directors; Duties; Operating and Reserve Accounts; Borrowing From Reserve Accounts; Notice to Members; Visual Inspection of Components; Study of Reserve Accounts
Article 3. Insurance
§1365.6.	Interested Directors; Conflicts of Interest
§1365.7.	Tortious Act or Omission of Volunteer Officer or Director of Association Managing Residential Development; Liability; Criteria; Limitations
§1365.9	Member Limited Immunity; General Liability Insurance
Article 4. Assessments
§1366.	Levy of Assessments; Limitation on Increases; Delinquent Assessments; Interest
§1366.1.	Limitation on Imposition or Collection of Assessments or Fees
§1366.2.	Statement Identifing Party Authorized to Receive Assessments
§1366.3.	Disputed Assessments; Payment Under Protest; Notice
§1366.4.	Assessments Based on Taxable Value of Separate Interests
§1367.	Assessments; Debt of Owner; Notice; Lien; Monetary Penalties; Enforcement of Liens; Application to Liens Recorded Prior to January 1, 2003
§1367.1.	Assessments; Debt of Owner; Notice; Lien; Monetary Penalties; Enforcement of Liens; Application to Liens Recorded On or After January 1, 2003
§1367.4.	Foreclosure of Liens for Assessment Debt Arising On or After January 1, 2006; Amount and Time Thresholds; Small Claims Court Judgments
§1367.5.	Liens Recorded in Error
§1367.6.	Payment Under Protest
CHAPTER 6. TRANSFER OF OWNERSHIP INTERESTS
§1368.	Sale or Title Transfer; Provision of Specified Items to Prospective Purchasers; Copies; Fees; Violations, Penalty and Attorneys' Fees; Validity of Title Transferred in Violation; Additional Requirements
§1368.1.	Marketing of Separate Interests
CHAPTER 7. CIVIL ACTIONS AND LIENS
Article 1. Miscellaneous Provisions
§1368.3.	Standing
§1368.4.	Allocation of Damages
§1368.5.	Civil Action; Damage to Common Interest Development; Notice to Members
§1369.	Liens for Labor and Materials
Article 2. Alternative Dispute Resolution
§1369.510.	Definitions
§1369.520.	Litigation Pre-Filing Requirements
§1369.530.	Initiating the Process; Request for Resolution
§1369.540.	Completing the Process; Costs
§1369.550.	Tolling of Statutes of Limitation
§1369.560.	Certificate; Commencement of Action
§1369.570.	Post-Filing Reference
§1369.580.	Refusal to Participate in Pre-Filing Alternative Dispute Resolution
§1369.590.	Annual Disclosure
CHAPTER 8. CONSTRUCTION OF INSTRUMENTS AND ZONING
§1370.	Liberal Construction of Instruments
§1371.	Boundaries of Units; Presumption
§1372.	Construction of Zoning Ordinances
§1373.	Developments Expressly Zoned as Industrial or Commercial and Limited to Such Purposes; Exclusions
§1374.	Application of Act; Common Area Requirement
CHAPTER 9. CONSTRUCTION DEFECT LITIGATION
§1375.	Design or Construction Defects; Prefiling Procedures [Operative Until July 1, 2010]
§1375.05.	Design and Construction Defects; Procedures in Litigation [Operative Until July 1, 2010]
§1375.1.	Disclosure to Members; Resolution of Design or Construction Defect Dispute
CHAPTER 10. IMPROVEMENTS
§1376.	Video or Television Antennas; Satellite Dish Systems; Restrictions on Installation; Application for Approval
§1378.	Architectural or Design Review; Procedures for Approval
II. SELECTED BUSINESS AND PROFESSIONS CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS CERTIFIED COMMON INTEREST DEVELOPMENT MANAGERS
§11500.	Definitions
§11501.	”Common Interest Development Manager”
§11502.	Certified Common Interest Development Manager; Criteria
§11502.5.	Competency Examination
§11503.	Exception
§11504.	Disclosures
§11505.	Unfair Business Practice
§11506.	Expiration
III. SELECTED CIVIL CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS
§712.	Conditions Restraining Right to Display Sign Advertising Property for Sale
§713.	Local Regulations; Signs Advertising Property for Sale, Lease or Exchange
SOLAR ENERGY SYSTEMS
§714.	Solar Energy System; Prohibition or Restriction on Installation or Use; Invalidity and Unenforceability of Instruments Affecting Real Property; Cost, Efficiency Defined; Exceptions
§714.1.	Solar Energy System; Reasonable Restrictions in Community Associations
CONSTRUCTION DEFECTS
TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS
CHAPTER 1. DEFINITIONS
§895.	Definitions
CHAPTER 2. ACTIONABLE DEFECTS
§896.	Standards for Residential Construction
§897.	Intent of Standards
CHAPTER 3. OBLIGATIONS
§900.	Warranty Covering Fit and Finish Items
§901.	Enhanced Protection Agreement
§902.	Enhanced Protection Agreement — Applicability of Sections 896 and 897
§903.	Enhanced Protection Agreement — Builder's Duties
§904.	Enhanced Protection Agreement — Enforcement of Construction Standards
§905.	Action to Enforce Construction Standards — Builder's Right to Seek Determination of Applicability of Sections 896 or 897 or Enhanced Protection Agreement
§906.	Builder's Election of Enhanced Protection Agreement Applicable to Issues Governed bySections 896 and 987
§907.	Obligation of Homeowner to Follow Reasonable Maintenance Obligations
CHAPTER 4. PRELITIGATION PROCEDURE
§910.	Procedures Required Prior to Filing Action for Violation of Construction Standards
§911.	"Builder" Defined
§912.	Builder's Duties
§913.	Written Acknowledgment of Receipt of Notice
§914.	Nonadversarial Procedure Established
§915.	Actions Resulting in Nonapplication of Chapter
§916.	Builder's Inspection of Claimed Unmet Standards
§917.	Offer to Repair
§918.	Authorization to Proceed With Repair
§919.	Offer to Mediate Dispute
§920.	Actions Resulting in Filing of Action by Homeowner
§921.	Procedure When Resolution Involves Repair by Builder
§922.	Observation and Electronic Recording, Videotaping, or Photographing of Repair Allowed
§923.	Availability to Homeowner of Correspondence, Photographs and Other MaterialPertaining to Repairs
§924.	Offer to Repair Some, But Not All, of Claimed Unmet Standards
§925.	Failure to Timely Complete Repairs
§926.	Release or Waiver in Exchange for Repair Work Prohibited
§927.	Statute of Limitations
§928.	Mediation Procedure
§929.	Cash Offer in Lieu of Repair
§930.	Strict Construction of Requirements — Failure to Conform
§931.	Claim Combined With Other Causes of Action
§932.	Subsequently Discovered Claims
§933.	Evidence of Repair Work
§934.	Evidence of Parties' Conduct
§935.	Similar Requirements of Civil Code Section 1375
§936.	Applicability of Title to Other Entities Involved in Construction Process
§937.	Claims and Damages Not Covered by Title
§938.	Applicability of Title
CHAPTER 5. PROCEDURE
§941.	Time Limit for Bringing Action
§942.	Claims Involving Residential Construction Standards
§943.	Other Causes of Action; Claims Involving Detached Single-Family Home
§944.	Damages
§945.	Original Purchasers and Successors-in-Interest
§945.5.	Affirmative Defenses
IV. SELECTED CODE OF CIVIL PROCEDURE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS
§116.540.	Small Claims Court; Representatives Appearing for Corporate Parties
§729.035.	Right of Redemption; Foreclosure of Delinquent Assessment Liens
V. SELECTED CORPORATIONS CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS
DEFINITIONS
§8.	"Writing"
§20.	"Electronic transmission by the corporation"
§21.	"Electronic transmission to the corporation"
MAILING
§5009.	Mailing
NOTICES IN NEWSLETTERS
§5016.	Notices or Reports Mailed or Delivered as Part of Newsletter or Magazine
GENERAL
§5033.	Approval By or Approval of a Majority of All Members
§5034.	Approval By or Approval of the Members
§5069.	Proxy
§5079.	"Written" or "In writing"
§7210.	Board of Directors; Exercise of Powers; Delegation of Management
§7211.	Meetings
§7212.	Committees
§7213.	Officers
DIRECTORS AND OFFICERS
§7220.	Terms of Office
§7221.	Declaration of Vacancy; Grounds; Director Qualifications
§7222.	Removal; Reduction in Number
§7224.	Filling Vacancies; Resignation; Successor to Take Office At Effective Date of Resignation
§7231.	Performance of Duties; Degree of Care; Reliance on Reports, Etc.; Good Faith; Exemption From Liability
§7233.	Conflicts of Interest; Disclosure; Common Directorships; Just and Reasonable Contracts
MEMBER DISCIPLINE/RIGHTS
§7341.	Expulsion, Suspension or Termination; Fairness and Reasonableness; Procedure
MEETINGS OF MEMBERS/VOTING
§7510.	Annual Meetings; Place; Written Ballot; Court Order for Meeting; Special Meetings
§7511.	Notice of Meeting
§7512.	Quorum
§7513.	Acts without Meeting; Written Ballot; Number of Ballots and Approvals; Solicitation; Revocation of Ballots; Election of Directors
§7514.	Form of Proxy or Written Ballot
§7517.	Ballots; Good Faith Acceptance or Rejection
§7527.	Limitation on Actions; Validity of Election
§7611.	Record Date; Right to Vote; Notice; Adjournment
§7612.	Membership in Names of Two or More Persons
§7613.	Proxies
§7614.	Inspectors of Election
§7615	Cumulative Voting
ANNUAL CORPORATE STATEMENT
§8210.	Statement of Names and Addresses of Officers and of Agent for Service of Process
RECORDS AND MEMBERSHIP LISTS
§8311.	Inspections; Persons Authorized; Copies
§8320.	Books and Records
§8321.	Annual Report
§8330.	Demand; Persons Authorized; Reason; Alternative Proposal
§8333.	Accounting Books; Minutes; Demand; Purpose
§8334.	Directors' Rights
§8338.	Membership List; Authorized and Prohibited Uses; Injunction; Costs, Expenses and Attorneys' Fees
VI. SELECTED GOVERNMENT CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS
RIGHT TO DISPLAY FLAG
§434.5.	Right to Display Flag
COMMUNITY ASSOCIATION REGISTRATION
§12191.	Registration Fees; Community Associations
FAIR HOUSING
§12955.	Unlawful Practices
§12956.1.	Discriminatory Covenants in Deeds or Declarations; Disclosure
§12956.2.	Method for Removing Discriminatory Provisions; Exclusion of Common Interest Developments Subject to Civil Code Section 1352.5
VII. SELECTED VEHICLE CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS TOWING OF VEHICLES
§22658.	Removal from Private Property
§22658.2.	Removal of Vehicle From Common Interest Development
§22853.	Notice to Department of Justice; Notice to Stolen Vehicle System
§22953.	Towing from Non-Residential Private Property Held Open to the Public
§40000.15.	Violations Are Misdemeanors, Not Infractions

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